Penalties for Marijuana Possession

Possession of marijuana is a criminal offense. The penalties for possession depend on whether the marijuana was intended for personal use or for sale. In addition to the penalty of jail time (described below), anyone convicted of possession will be required to pay a fine of up to $150,000, as determined by the court. (Ariz. Rev. Stat. Ann. § 13-801.)

The penalties for first offenses are listed below, penalties increase for repeat offenses and for possession near a school. (Ariz. Rev. Stat. Ann. §§ 13-703, 13-3411.)

Possession for Personal Use

Penalties depend on the amount of marijuana in the defendant’s possession.

Possession of less than two pounds of marijuana for personal use is a Class 6 felony, punishable by a sentence of four months to two years.

Possession of between two and four pounds of marijuana for personal use is a Class 5 felony, punishable by a sentence of six months to two and a half years.

Possession of four pounds or more of marijuana for personal use is a Class 4 felony, punishable by a sentence of one to four years. (Ariz. Rev. Stat. Ann. §§ 13-3405, 13-702.)

Possession for Sale

As with possession for personal use, penalties depend on the amount of marijuana involved.

Possession of less than two pounds of marijuana for sale is a Class 4 felony, punishable by a sentence of one to four years.

Possession of between two and four pounds of marijuana for sale is a Class 3 felony, punishable by a sentence of two to nine years.

Possession of four pounds or more of marijuana for sale is a Class 2 felony, punishable by a sentence of three to ten years. (Ariz. Rev. Stat. Ann. §§ 13-3405, 13-702.)

Penalties for Drug Paraphernalia

Drug paraphernalia includes anything used in the growing, sale, or use of marijuana—for example, growing kits, scales, testing equipment, separation sifters, or pipes. Possession, sale, manufacture, or advertisement of drug paraphernalia is a Class 6 felony, punishable by a sentence of four months to two years and a fine of up to $150,000. All drug paraphernalia is subject to forfeiture. (Ariz. Rev. Stat. Ann. §§ 13-3415, 13-702.)

Marijuana Cultivation, Sale, and Trafficking

The cultivation, sale, or distribution of marijuana is known as “drug trafficking” and is a felony offense. The penalties for possession of marijuana for sale are discussed above (see “Possession for Sale”). Also, as discussed above, those found guilty of marijuana-related offenses will be required to pay a fine of up to $150,000, as determined by the court. (Ariz. Rev. Stat. Ann. § 13-801.) The penalties for first offenses are listed below, penalties increase for repeat offenses or if criminal activity occurred near a school. (Ariz. Rev. Stat. Ann. §§ 13-703, 13-3411.)

Penalties for Cultivation

Penalties depend on the amount of marijuana being grown.

Cultivation of less than two pounds of marijuana is a Class 5 felony, punishable by a sentence of six months to two and a half years.

Cultivation of between two and four pounds of marijuana is a Class 4 felony, punishable by a sentence of one to four years.

Cultivation of four pounds or more of marijuana is a Class 3 felony, punishable by a sentence of two to nine years. (Ariz. Rev. Stat. Ann. §§ 13-3405, 13-702.)

Penalties for Transporting or Importing

Penalties depend on the amount of marijuana being transported or imported.

Transportation for sale or importing into the state (or offering to transport or import) less than two pounds of marijuana is a class 3 felony, punishable by a sentence of two to nine years.

Transportation of more than two pounds of marijuana is a Class 2 felony, punishable by a sentence of three to ten years. (Ariz. Rev. Stat. Ann. §§ 13-3405, 13-702.)

Does Arizona Allow Medical Marijuana Use?

Yes. State law provides for a confidential statewide registry of medical marijuana patients and designated caregivers who, once registered, are issued individual ID cards.

Does Arizona Impose a Stamp Tax on Marijuana?

Some states impose a stamp tax on marijuana. Those who fail to pay the tax, and are found guilty of a marijuana-related offense, face not only criminal penalties but also become liable for back taxes. Arizona does not impose this type of tax on marijuana.

Getting Legal Help

If you have been charged with a marijuana-related offense, you face the possibility of jail time, fines, and other consequences. To know how your case is likely to be handled by the prosecutor and the local judges, you’ll need to consult an experienced Arizona criminal defense attorney. Only someone who is familiar with the local treatment of cases like yours can advise you on the best way to proceed.